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(영문) 서울남부지방법원 2018.11.07 2018가단221526
소유권말소등기
Text

1. As to real estate listed in the separate sheet:

A. As to Defendant F’s share 2/8, Defendant G, and H, each 1/8 share.

Reasons

1. The portion of the claim against the defendant B, C, D, E, F, G, and H

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Part of the claim against Defendant I

A. (1) On May 13, 1990, the deceased J (hereinafter “the deceased”) purchased the real estate listed in the separate sheet from K and E (hereinafter “instant real estate”) and completed the registration of ownership transfer (hereinafter “instant registration”) under the Seoul Southern Southern District Court’s registration No. 87203 on July 23, 1990.

(2) On January 29, 2016, the Deceased died. The deceased’s property inherited to the Plaintiff, Defendant I, and Defendant F, each of 1/4 shares and 1/8 shares to the Defendant G and H, each of whom was their children.

(3) On November 10, 2014, K died on November 10, 2014, and there are Defendant B (3/7 shares in inheritance), Defendant C, and D (2/7 shares in inheritance) who are the deceased’s father.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 8, 10 (including paper numbers), the purpose of the whole pleadings

B. On the premise that the Plaintiff purchased the instant real estate under the name of the deceased, who was admitted by the Plaintiff to purchase the purchase price, and completed the instant transfer registration under the name of the deceased, the Plaintiff asserts that the instant transfer registration should be cancelled since the grace period under the Act on the Registration of Real Estate under Actual Titleholder’s Name has expired, while the Plaintiff registered the instant real estate to the deceased, and that the instant transfer registration should be cancelled, among the deceased’s successors, against Defendant I, one-fourth share of the instant real estate, which is the share of the inheritance of Defendant I.

However, it is insufficient to recognize that the Plaintiff actually purchased the instant real estate and registered the title trust in the name of the deceased.

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